Summary
We have completed the annual review of the Functioning Legal Knowledge (the FLK) for SQE1 and SQE2. We have now published updated versions in the SQE1 and SQE2 Assessment Specifications.
Most of these changes are minor – the only substantial change is to make clearer our expectations around understanding the laws in England and Wales, how they apply and where they differ. For instance, for Property Practice, candidates need to understand differences in relation to certain taxation, with Stamp Duty Land Tax in England and Land Transaction Tax in Wales. For Business Law, candidates need to understand the potential differences in the calculation of income tax in each of England and Wales.
Updated FLK
The updated FLK will apply to SQE assessments that take place after 1 September 2023. Therefore, the first time it will apply will be the SQE2 assessment in October 2023.
The updated specifications are:
Current FLK
The current FLK will continue to apply for all assessments taking place before September 2023 - April 2023 SQE2, July 2023 SQE1 and July 2023 SQE2. This can be found in the Assessment Specifications as follows:
Aim of the FLK annual review
The aim of the annual review was to:
- update the FLK to reflect changes in the law and practice and make any other essential changes
- offer clarification in the light of feedback from stakeholders where necessary.
Information on the process was published in January.
The changes
The changes to the FLK are minor and are made by way of clarification or to reflect the changes relating to the knowledge and application of Welsh law. The changes are set out below.
SQE1 FLK1 related changes
| Practice area |
Location |
Change |
| Business law and practice |
Taxation - business
Income Tax |
The words shown in bold (“income tax in each of England and Wales”) have been added
Income tax
the charge to tax: calculation of income tax in each of England and Wales and collection |
| Dispute Resolution |
Resolving a dispute through a civil claim |
The addition of the following shown in bold (“Practice Direction - preliminary considerations for the use of the Welsh language in civil proceedings”) has been added
Resolving a dispute through a civil claim
Practice Direction - preliminary considerations for the use of the Welsh language in civil proceedings |
| Dispute Resolution |
Preparations for trial |
The words shown in bold (“(listing questionnaires)”) have been added
purpose of pre-trial checklists (listing questionnaires) and hearings |
| Dispute Resolution |
Costs |
The following has been removed:
qualified one-way costs shifting |
| Contract |
- |
No changes |
| Tort |
- |
No changes |
| Legal System of England and Wales and Sources of Law |
Primary legislation |
The addition of the words shown in bold (“the structure of an act of Senedd Cymru”) to the following:
Primary legislation:
- the structure of an act of Parliament
- the structure of an act of Senedd Cymru
|
| Legal System of England and Wales and Sources of Law |
Statutory interpretation |
The addition of the words shown in bold (“interpretation of legislation made by Senedd Cymru” and “The application of legislation made by Senedd Cymru and Westimster to England and to Wales”) to the following:
Statutory interpretation:
- the literal rule
- the golden rule
- the mischief rule
- the purposive approach
- presumptions
- aids to statutory interpretation and construction
- interpretation of legislation made by Senedd Cymru
The application of legislation made by Senedd Cymru and Westminster to England and to Wales |
| Constitutional and Administrative law and EU Law |
Legitimacy, separation of powers and the rule of law |
The words shown in bold (“by Westminster and by Senedd Cymru and Welsh Ministers”) have been added
Legitimacy, separation of powers and the rule of law:
Powers and procedures for the enactment, implementation and repeal of primary and secondary legislation by Westminster and by Senedd Cymru and Welsh Ministers |
| Legal Services |
Financial services |
The following has been removed:
Appropriate sources of information on financial services |
SQE1 FLK2 related changes
| Practice area |
Location |
Change |
| Property Practice |
Assessment Objective 6 |
The words shown in bold have been added
Completion and post-completion steps relevant to a freehold and/or leasehold property transaction in each of England and Wales including remedies for delayed completion |
| Property Practice |
Assessment Objective 10 |
The words shown in bold have been added
Taxation of property transactions through Stamp Duty Land Tax for land in England, Land Transaction Tax for land in Wales, Value Added Tax and Capital Gains Tax |
| Property Practice |
Core knowledge areas of leasehold real estate law and practice |
The following has been removed:
Termination of a lease: notice to quit |
| Property Practice |
Core knowledge areas of leasehold real estate law and practice |
The words shown in bold (“and investigation”) have been added:
Procedural steps for the grant of a lease or underlease: deduction and investigation of title |
| Property Practice |
Core knowledge areas of leasehold real estate law and practice |
The words shown in bold (“and investigation”) have been added:
Procedural steps for the assignment of a lease: deduction and investigation of title |
| Property Practice |
Core knowledge areas of leasehold real estate law and practice |
The words shown in bold (“in England and Wales”) have been added:
Core principles of planning law in England and Wales |
| Property Practice |
Taxation - property |
The words shown in bold (“in England” and “in Wales”) have been added:
Stamp Duty Land Tax in England and Land Transaction Tax in Wales: |
| Wills and Intestacy |
- |
No changes |
| Solicitors Accounts |
- |
No changes |
| Land Law |
Nature of Land |
The following words have been removed from: “how to acquire and transfer legal and equitable estates”:
and equitable |
| Core principles of trusts law |
- |
No changes |
| Core principles of criminal liability |
Specified criminal offences: offences against the person |
The words shown in bold (“common assault”) have been added:
Common assault: assault and battery |
| Core principles of criminal liability |
Parties |
The following has been removed:
joint enterprise |
| The procedures and processes involved in criminal litigation |
Allocation of business between Magistrates’ and Crown Court |
The words shown in bold (“and s. 51”) have been added:
sending without allocation s.50A and s.51 Crime and Disorder Act 1998 |
| The procedures and processes involved in criminal litigation |
Character evidence |
The words shown in bold (“the 3 gateways s.100(1) Criminal Justice Act 2003”) have been added as a new bullet point:
the 3 gateways s.100(1) Criminal Justice Act 2003 |
| The procedures and processes involved in criminal litigation |
Sentencing |
The words shown in bold (“including”) have been added. The brackets in this section have been removed:
determining seriousness, including aggravating and mitigating facts |
| The procedures and processes involved in criminal litigation |
New section added |
The following new section has been added:
Preliminary considerations for the use of the Welsh language in criminal proceedings. |
SQE2 FLK
In so far as the SQE1 FLK applies to the SQE2 FLK (note that some parts of the SQE1 FLK do not apply to SQE2), the same changes made above have also been made to the SQE2 FLK (where relevant to the SQE2 FLK) apart from the following:
| Practice area |
Location |
Change not included in SQE2 FLK |
| Dispute Resolution |
Resolving a dispute through a civil claim |
Practice Direction - preliminary considerations for the use of the Welsh language in civil proceedings |
| The procedures and processes involved in criminal litigation |
New section added |
Preliminary considerations for the use of the Welsh language in criminal proceedings. |
Sample questions
We have sample questions available for SQE1 and SQE2. We also recently updated the guidance relating to the SQE1 sample questions and the order of the questions, following candidate feedback.
The 90 sample questions do not represent all the material that is covered by the FLK. They are not designed to be a replica of the SQE1 assessment itself, or to be a mock assessment.
Learn more: Annual review of the SQE functioning legal knowledge